Ka Wai Ola - Office of Hawaiian Affairs, Volume 21, Number 9, 1 September 2004 — State probes removal of Wal-Mart remains [ARTICLE]

State probes removal of Wal-Mart remains

By Sterling Kini Wong The state's attorney general is investigating possible criminal and civil penalties for the improper removal of one of the two sets of human remains found in July at the Wal-Mart development site on Ke'eaumoku Street. The two sets of bones were found within the same week. When the first set was found July 17, Wal-Mart's contract archaeologist removed the remains without notifying any of the proper authorities. State law requires that when developers discover remains, construction must stop and the State Historic Preservation Division and poliee must be contacted. Moses Haia, an attorney for the Native Hawaiian Legal Corp., told loeal press that the archaeologist's actions were "a blatant violation of burial law." According to state law, violation of burial procedures could bring a maximum fine of $10,000 and the prohibition of violators from participating in state or county construction projects for ten years. The Wal-Mart project has been under heavy scrutiny because of the discovery at the site of numerous human remains, despite an archaeologieal survey completed by Wal-Mart prior to the start of development that determined no remains were likely to be found at the site. Since construction began in December 2002, 44 sets of remains have been unearthed at the site, most of whieh are believed to be from an 1853 smallpox epidemic. Wal-Mart officials said they have been cooperating with the attorney general's investigation and resumed construction at the site the weekend after the second set was found, following the notification of state officials. The Wal-Mart/Sam's Club superblock is expected to open in mid- to late October. ■